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Home My WebLink AboutMINUTES - 12011998 - C199 TO: REDEVELOPMENT AGENCY FROM: Phil Batchelor, Executive Director DATE: December 1, 1998 SUBJECT: Exchange of Real Property- Bay Point Redevelopment Project Area SPECIFIC REQUEST(S)OR RECOMMENDATIONS(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ACCEPT the Resolution to APPROVE and AUTHORIZE the Board Chair to execute a Quitclaim Deed on behalf of the Redevelopment Agency in consideration for real property of equal or greater value that is necessary for redevelopment purposes, DIRECT the Real Property Division to cause the Quitclaim Deed to be delivered to the Golden Arch Limited Partnership; ACCEPT the Quitclaim Deed dated November 6, 1997,from Golden Arch Limited Partnership;and DIRECT the Real Property Division to have the above referenced.Quitclaim Deed recorded in the office of the County Recorder. FISCAL IMPAC No impact on the General Fund. BACKGRO T_NDM ASONS FOR RECOMMENDTt� t,.ONS The McDonald's Corporation was granted an exception from undergrounding utility distribution facilities along the frontage of Canal Road in connection with Development Permit 2056-95. As part of the agreement and in exchange for the Agency quitclaiming a portion of ingress and egress rights, McDonald's agreed to convey to the Agency a portion of the property on the southwest corner of their parcel,Assess is Parcel No. 097-270,,668. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR—RE M NDATION AGENCY COM 'TTEE 4 APPROVE ®OTHER T SIGNATURE(S): Lf'�..l—yert z ACTION OF AGENCY ON DEncerber 1, 1998 APPROVED AS RECOMMENDED X VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact:Lourdes P. Chang 925/335-1252 ATTESTED,__ % r- 4 cc: Community Development PHIL BATCHELOR, Redevelopment Agency AGENCY SECRETARY County Counsel County Administrator Auditor-Controller Public Works(R/P) Public Works(Accounting) Recorder(via RIP) ,DEPUTY _....._. ......... ......... ......... .... ... ........................... .......... ......... ._....... ......... ......... __ _...._. ......... ......... ..............._.. .......................................................................... THE BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY Adopted this Resolution on December 1, 1998, by the following vote: APES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, ,and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98/621 SUBJECT: Exchange of Real Property, Bay Point Redevelopment Project Area Project No. WA5037 The Board of Supervisors as the Governing Board of the Redevelopment Agency of Contra Costa County RESOLVES THAT: The County acquired certain real property on April 7, 1995, in the Bay Point area for redevelopment purposes. Said parcel also has ingress and egress rights over a portion of adjacent properties. A portion of the ingress and egress rights, described in Exhibit"N'attached hereto, are determined to be no longer necessary for redevelopment or other public purposes. The Board hereby APPROVES and AUTHORIZES the exchange of said property to Golden Arch Limited Partnership, a Delaware limited partnership, pursuant to Health and Safety Code Section 33430, and the Board Chair is hereby AUTHORIZED to execute a Quitclaim Deed on behalf of the Agency in consideration for real property of equal or greater value that is necessary for redevelopment purposes. The Real Property Division is DIRECTED to cause the Quitclaim Deed to be delivered to the grantee. Orig..Dept.: Public Works(R/P) I hereby certify that this is a true and correct Contact: Karen A.Laws(313-2228) copy of an action taken and entered on the cc: Public works Accounting minutes of the Board of Supervisors on the Public Works Records date shown. Redevelopment Agency(via R/P) ATTESTED: &9c�f '' 11 / Grantee(via R/P) PHIL BATCHELOR, Ciark of the Board of Supervisors and CoUDty Administrator Deputy gy `' c.� .,. Recorded at the request of: Golden Arch Limited Partnership After recording return to: McDonals Corporation 711 Jode'Blvd Oakbrook,W 60521 Attn:Christine Ludwiszewskii-091 Title Co.Order No.576242 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing under the laws of the State of California, Does hereby remise, release and forever quitclaim to GOLDEN!ARCH LIMITED PARTNERSHIP, a Delaware limited partnership, the following described real property in the unincorporated area of the County of Contra Costa, State of California, ,FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY REDEVELOPMENT AGENCY' Dated December- 1, 1998 By --- \'AA,# A 'W 'al Chair, B rd of Su rvisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } On DacaTbw 1. 1998 before me,Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County,personally appeared Jim Rn,P=5 .who its personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within inWument and acknowledged to me that helshelthhey executed the same in hislherttheir authorized capacity(ies), and that by hislherAheir signature(s)on the instrument the persons),or the entity upon behalf of which the person(s) acted,executed the Instru r{t. By Deputy Clerk KAL:gpp g.*Vea1prop1974ADE4McD.wpd August 20, 1997 LEGAL DESCRIETIQN FOR QUIT-CLAIMING ROAD ADM ACCESS RIGHTS THIS DOCUMENT IS TO QUIT-CLAIM ALL RIGHTS OF INGRESS AND EGRESS,AND ALL ACCESS RIGHTS OVER THE FOLLOWING DESCRIBED PARCELS (SAID PARCELS BEING OVER THE EXISTING McDONALD'S FEE PARCEL): ALL THAT CERTAIN REAL,PROPERTY SITUATED IN THE COUN'T'Y OF CONTRA COSTA, STATE OF CALIFORNIA,DESCIR.BED AS FOLLOWS: PARCEL Q 1: A NON-EXCLUSIVE RIGHT OF WAY AS AN APPURTENANCE TO THAT PARCEL DESCRIBED IN THE DEED TO TRIOND,A CALIFORNIA G.P.BY DEED RECORDED JULY 15, 1993,BOOK 18747,PAGE 401,OFFICIAL RECORDS WHICH WAS RESERVED IN THE DEED TO JAMES HENRY AMERSON,ET UX,RECORDED FEBRUARY 20, 1950,BOOK 1509,PAGE 243, OFFICIAL RECORDS. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN CANAL DRIVE. PARCEL Q2: A NON-EXCLUSIVE RIGHT OF WAY AS AN APPURTENANCE TO THE LAND CONVEYED BY DEED TO TRIOND,A CALIFORNIA G.P.IN BOOK 18747,PAGE 399,OFFICIAL RECORDS,ON JULY 15, 1993 WHICH WAS CREATED IN THE DEED TO JAMES HENRY AMERSON,ET UX, RECORDED FEBRUARY 20, 1950,BOOK 1509,PAGE 247,OFFICIAL RECORDS. EXCEPTING THEREFROM THE SOUTHERLY 23.64 FEET OF THE ABOVE DESCRIBED EASEMENT. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN CANAL DRIVE. . . t.AND sU� IS 6389 Recorded at the request of. Contra Costa County Redevelopment Agency Return to: Contra Costa County0 Public Works Department 100� „V. L Real Property Division , 255 Glacier Drive � Martinez, CA 94553 fq Attention: Karen A. Laws �,rc=,004= s7�r Porton of Assessor's Parcel No. 097-270-068 Title Co. Order No. 576242 QUITCLAIM DEED For Value Received, GOLDEN ARCH LIMITED PARTNERSHIP, a Delaware limited partnership, GRANTS to CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, 'a body corporate and politic existing under the laws of the State of California, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A” ATTACHED HERETO AND I MADE A PART HEREOF. GRANTOR Golden Arch Limited Partnership Date Nove ter 6, 1997 Catherine A. Griffin, A` '' S.L:�A .tz° ATTACH APPROPRIATE ACKNOWLEDGMENT KAL:gpp g:1rea1propW7-81DE 1 GALP.wpd August 20,1997 STA'K'E OF ILLINOIS ) SS: COUNTY OF DUPAGE 3 I, Sueann Fisher, a Notary Public in and for the county and state aforesaid, DO HEREBY CER'T'IFY that Catherine A. Griffin, .Assistant Vice President of Golden Arch Limited Partnership, a Delaware limited parteship, by Arch Realty Corp., a Delaware corporation, as general partner who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Assistant Vice President appeared before me this day in person and acknowledged that she signed,sealed and delivered the said instrument as her free and voluntary act as such Assistant Vice President and as the free and voluntary act of said corporation for the uses and purposes therein set forth. C)HICIAL SEAL �UEANN FisiiER �iven under my hand and notarial seal,this November 6, 1997. p NC(�Ta.�RyY�(U Lt3�C�yS7cAytE f7OF t^ryLUNu]8r5 %4'1''.`o"A�13SSIO v EXP FEB.24,1"8 �v b✓ -r� My commission expires 2/24/98 Notary Public SITE. BAY POINT, CA 254 BAILEY ROAD L/C: 004-w2577 LEGAL DESCRIPTION (PORTION OF McDONALDfS FEE TITLE BEING QUITCLAINED) . ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, UNINCORPORATED AREA OF CONTRA COSTA COUNTY, DESCRIBED AS FOLLOWS: BEING A PORTION OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN THAT DEED FROM S. G. MIMS, ET AL TO JOSE M. GARCIA, ET AL, DATED FEBRUARY 25, 1949 AND RECORDED IN VOLUME 1387 OF OFFICIAL RECORDS, AT PAGE 208, RECORDS OF CONTRA COSTA COUNTY, SAID POINT BEARING ALONG SAID LINE, NORTH 00° 04' 49" EAST 86.00 FEET FROM THE NORTHWEST CORNER OF PARCEL A AS SHOWN ON THE RECORD OF SURVEY FILED DECEMBER 11, 1973, IN BOOK 56 OF LICENSED SURVEYORS MAPS, WAGE 38, CONTRA COSTA COUNTY RECORDS, THENCE FROM SAID POINT, NORTH 890 23' 24" WEST 109.99 FEET; THENCE NORTH 000 04 ' 49" EAST 23.64 FEET; THENCE SOUTH 89' 49` 45" EAST 109.99 FEET; THENCE SOUTH 000 04` 49" WEST 24 .49 FEET TO THE POINT OF BEGINNING. 40, S 638 .,�. 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